Richard I. Greenberg

Photo of Richard I. Greenberg

Richard Greenberg, a Principal in New York City office of Jackson Lewis P.C., is admitted to the bar of the State of New York and the Federal District Court for the Southern District of New York. Mr. Greenberg graduated from Cornell University’s School of Industrial and Labor Relations in 1992 and earned a Juris Doctor degree from Brooklyn Law School in 1995.

He advises both unionized and union-free clients on a full-range of labor and employee relations matters. With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free. With respect to employee relations matters, Mr. Greenberg has extensive experience assisting clients in numerous industries with the development and maintenance of personnel policies and personnel infrastructures. In this regard, Mr. Greenberg often works on these issues with clients as business needs and culture change as a result of business transactions, such as mergers and acquisitions.

Mr. Greenberg regularly advises clients on compliance with the myriad of federal and state employment laws, including the FMLA, FLSA, ADA, ADEA and WARN, as well as new legal developments impacting labor and employment policies and practices.

Latest Articles

New York’s Westchester County is the latest locality to adopt legislation prohibiting employers from asking prior salary histories of a prospective employee. Click here to read our full article regarding Westchester County’s salary history ban.…
(Updated 4/12/2018) Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime violations and avoid the risk of penalties or liquidated damages that would be imposed if the Agency discovered the violations in the first instance.  We initially discussed the PAID program here. This week, the WHD formally began the six month (or so) trial…
Employers in New York currently are permitted to pay tipped workers a direct cash wage that is below the State minimum wage and take a “credit” for some of the tips received by employees to satisfy the difference between the cash wage paid and the full minimum wage.  For example, in New York City beginning in 2018, servers for large employers (those with 11 or more employees) may pay servers a direct wage of $8.65…
Effective January 1, 2018, California will be the next jurisdiction to implement statewide “ban the box” legislation.  On October 14, 2017, Governor Jerry Brown signed into law Assembly Bill 1008, which prohibits pre-offer inquiries regarding applicants’ conviction histories and regulates employers in their decisions to deny employment to an applicant based on his/her conviction history.  For more details regarding this important law, please see our earlier post.  Employers should review their employment applications and hiring…
Where no law or employer policy prohibits a worker from recording a conversation with his manager, an employer’s termination of that worker for recording the conversation unlawfully infringed on the worker’s rights under the National Labor Relations Act, the federal appeals court in Washington D.C. has ruled. According to the U.S. Court of Appeals for the District of Columbia Circuit, in Stephens Media LLC v. NLRB, when the employer denied what the employee believed…
UPDATE – Newly enacted Maryland law prohibits employers from demanding access to Facebook or other on line accounts of employees and applicants. In this space we have frequently discussed social media issues ranging from legal considerations in policy development, to employers’ legal and practical risks attendant to reviewing job applicants’ social media presence, to legislative reactions to employers’ requiring disclosure of passwords as part of their background check process.   Two further reactions to the password…
Wrestling with some dismal data on the waning strength of America’s organized labor, Secretary of Labor Hilda L. Solis tried to make the best of it.  She said in her January 21st press release that the data showed the need for workers to unionize. The Bureau of Labor Statistics reported on January 21 that the unionization rate of employed wage and salary workers dropped noticeably last year.  For 2010, the agency announced, the rate nationwide…
Pursuant to the Fair Credit Reporting Act (pdf), the Federal Trade Commission has promulgated three notices (pdf): (i) A General Summary of Rights; (ii) A Notice to Furnishers of Information to Consumer Reporting Agencies; and (iii) A Notice to Users of Consumer Reports (such as employers). In late August, the FTC proposed revisions to the three current forms. General Summary of Rights The proposed revised General Summary of Rights, which needs to be provided by…
An increasing number of employers are conducting background checks on applicants and employees and many are outsourcing this function. Employers that outsource their background check function will find themselves subject to the Fair Credit Reporting Act (FCRA), which contains a set of “technical” compliance requirements. The lack of guidance by courts in the area of background checks has left employers wondering whether their “best practices” will pass muster if challenged. A recent decision from the…